Estate of Derruau

This is an appeal by Maurice Derruau, one of the heirs of Elie Derruau, deceased, from the decree of final distribution herein.

In 1929, Elie Derruau made his will and thereafter in 1930 married Marie Couralet, who survived him upon his death in 1932. Prior to 1931 and at the time of the testator’s marriage, section 1299 of the Civil Code provided: “If, after making a will, the testator marries, and the wife survives the testator, the will is revoked, unless ...” In 1931 said section was repealed. At that time a new section designated as section 70 of the Probate Code was adopted and was in…